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KELLY v. BURKS

No. 04-5692.

415 F.3d 558 (2005)

Ralph E. KELLY, Plaintiff-Appellant, v. Ishmon F. BURKS, Jr. et al., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: July 20, 2005.

Attorney(s) appearing for the Case

ON BRIEF: William K. Moore, Versailles, Kentucky, for Appellant. Daniel Luke Morgan, Commonwealth of Kentucky Justice and Public Safety Cabinet, Frankfort, Kentucky, Roger G. Wright, Kentucky State Police Legal Office, Frankfort, Kentucky, for Appellees.

Before: CLAY, GILMAN, and COOK, Circuit Judges.

OPINION

GILMAN, Circuit Judge.

Dr. Ralph E. Kelly, after being forced to resign as Commissioner of the Kentucky Juvenile Justice Cabinet, brought this suit pursuant to 42 U.S.C. § 1983, claiming that his due process rights were violated when the Kentucky Personnel Board denied him a hearing to clear his name. The district court dismissed Kelly's suit, finding that it was barred by the applicable statute of limitations. For the reasons set forth below...

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